The parent of Massey Energy Co. agreed to pay $265 million to settle a class action alleging Massey misrepresented its safety record to inflate stock prices, which plummeted following the worst U.S. mining disaster in more than 40 years, Massachusetts officials announced Monday.
The lesson from a Nevada federal court's recent decision in Gamble v. Boyd Gaming Corp. is that if defense counsel does have grounds for an injunction to stop false or misleading advertising on social media, it must make every effort to narrowly tailor their specific injunction requests to stop only the inappropriate contact with putative class members and not to infringe on the plaintiff’s counsel rights to free speech, says Casie Collignon of Baker & Hostetler LLP.
The U.S. Supreme Court will have no shortage of issues to address concerning the rights of religious for-profit corporations in Hobby Lobby Stores Inc. v. Sebelius and Conestoga Wood Specialties Inc. v. Sebelius. Their answers will likely fracture the court — as they have the federal appellate courts — and could potentially lead to surprising results, say Darren Nadel and William Trachman at Littler Mendelson PC.
With a close decision on the question of cap and trade auctions as a tax and at least one appeal of the recent Sacramento Superior Court judgment likely, the fight over the California cap and trade program is far from over. Other states are closely observing legal challenges to California's sweeping AB 32 program and assessing its effectiveness and economic impact, say attorneys at Stoel Rives LLP.
Had the U.S. International Trade Commission's pilot program been applied in 2007, and had each case through 2011 been subject to early resolution on domestic industry, importation or standing, the agency could have saved a considerable amount of time, effort and money by fully resolving eight cases, saving an average of 286 days per investigation, says Andrew Clarke of ARPC.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
The Second Circuit’s opinion in Halebian v. Berv — a significant departure from its own oft-cited Joy v. North decision — highlights that a derivative plaintiff’s entitlement to discovery, if any, is inversely proportional to the showing made by a special litigation committee in support of its motion to terminate, says Donald Corbett of Lowenstein Sandler LLP.
While some fear the Employment Non-Discrimination Act would bring an uptick in discrimination-related litigation, companies such as Apple, Accenture, Bank of America, Capital One, Citigroup, General Electric, Goldman Sachs, JPMorgan Chase, and many others have expressed support for the proposed law, says Katharine Parker of Proskauer Rose LLP.
On Dec. 5, the U.S. House of Representatives passed the Innovation Act, which would modify patent law to make it harder for so-called patent trolls to perpetrate litigation abuses. There is parallel legislation in the Senate, but it is more limited and arguably directed to the worst patent-litigation abuses, say Jeffrey Lesovitz and Daniel Goettle of Woodcock Washburn LLP.
Condominium developers are turning to the buyer-financed model to fund the pre-construction and construction phases of their projects. But a recent Florida Supreme Court ruling complicates things for realtors and lawyers who do not identify and inform their buyers of the risks of this development model, says Andrew Hall of Hall Lamb and Hall PA.